Important Updates
Important Updates
March 3, 2026Partner Cynthia Shearn Recognized in Crain’s 2026 Notable Women in Law List
March 3, 2026 | FranceFrance: New and Increased Immigration-Related Fees Forthcoming
March 3, 2026 | JapanJapan: New Permanent Residence Requirement Implemented
March 3, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
March 3, 2026 | NicaraguaNicaragua: Visa Categories Restructured; Visa-Free Access Affected for Many Nationals
March 3, 2026Partner Cynthia Shearn Recognized in Crain’s 2026 Notable Women in Law List
March 3, 2026 | FranceFrance: New and Increased Immigration-Related Fees Forthcoming
March 3, 2026 | JapanJapan: New Permanent Residence Requirement Implemented
March 3, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
March 3, 2026 | NicaraguaNicaragua: Visa Categories Restructured; Visa-Free Access Affected for Many Nationals
March 3, 2026Partner Cynthia Shearn Recognized in Crain’s 2026 Notable Women in Law List
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Social Security Ruling Affects Onboarding Checks

February 7, 2018

insight-news-default

Country / Territory

  • European UnionEuropean Union

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

The Court of Justice of the European Union has ruled that EU social security certificates can be called into question if there is evidence of fraud. Their ruling sets up a procedure for host countries who suspect workers of holding fraudulent social security documents to investigate and, if there is a finding of fraud, to remedy the situation. This ruling exposes employers to risks if their workers are found to have fraudulent social security documents and employers may have to make social security back payment contributions.  Furthermore, this ruling may also affect the validity of employee’s work permits, amongst other penalties. Therefore, this ruling increases the importance of onboarding checks and document retention for host entities.


The situation

The Court of Justice of the European Union has ruled that EU social security certificates can be called into question if there is evidence of fraud.

A closer look

  • Procedure for fraud investigation.
    • A host company must carefully check the documents obtained for the purpose of compliance for posting on the employee’s start date.
    • If a host company suspects fraud in a social security certificate, they should ask the home company to verify whether all facts and conditions for issuance of a valid EU social security certificate were disclosed with the home (issuing) authorities.
    • If a host authority detects or has a suspicion of fraud, then it will contact the home (issuing) authority and ask to investigate the facts underlying the issuance of the certificate again. If the social security certificate were to be invalidated, this means that the foreign national worker should have been under host social security all along, and one of the key work authorization application documents will be deemed fraudulent.
  • Disregarding social security certificate. The courts of the host country may disregard the social security certificate if the applicant is found to have intentionally concealed that conditions for the social security certificate were not met and the home (issuing) authorities did not investigate clear concerns of fraud within a reasonable period of time.
  • Posted workers affected. The ruling affects foreign national workers temporarily sent from one EU country to another who want to remain under the social security scheme of the sending EU country. Both EU and non-EU nationals can be posted workers and may be affected.
  • Social Security coverage requirements. Eight EU countries require proof of social security coverage as part of the work authorization application for temporary workers. However, this does not mean that only those countries are affected. Pursuant to the present ruling, it is expected that all EU countries will more closely investigate A1 certificates (social security certificates) and start an investigation procedure with the EU Administrative Commission for social security.

 

Impact for foreign nationals

  • If a social security certificate is disregarded, in principle, host social security will become due. This means a fragmentation of the social security record of the individual. In some countries, the authorities may retroactively question the validity of the work authorization itself.  

 

Impact for employers

  • Social security penalties. If the social security certificate is disregarded, foreign workers are likely to fall under the host company’s country’s social security regulations.
    • Back pay. Employers are likely to be ordered to make back pay host social security contributions over the posting period, for both the employer and employee’s parts. These amounts can be considerable, especially in the case of fraud.
    • Fines. Host authorities are likely to impose fines on the host companies. Many EU countries have an ongoing policy to reduce differences in employment conditions between posted and host country (local) workers (known as “social dumping”).

 

Ensuring Compliance

  • Onboarding checks. To prevent penalties, host companies are advised to check the social security coverage of their temporary/posted workers.
  • Document retention. Many EU countries already include social security certificates in the list of documents that host employers must have on file for all foreign national workers on their worksites. Host entities are advised to strictly observe these document retention obligations. 
  • Fragomen support. Fragomen offers support with immigration and social security advice and compliance checks and with planning a compliant EU migration policy.

 

Background

  • Social security certificates. Foreign national workers posted to another country can prove that they continue to pay social security contributions in their home country via a Certificate of Coverage. Within the EU, these certificates were once called E101, now they are better known as A1 certificates.
  • Cooperation and trust. EU Member States must respect each other according to the EU principles of sincere cooperation and mutual trust. An EU country may not unilaterally question or disregard the validity of social security certificates issued by another EU country, but they are able to commence an appropriate investigation procedure.
  • Administrative errors. Even when a social security certificate has been issued based on an objective or administrative error, which has been confirmed by the issuing authority, but no fraud has been detected, authorities in the host country must continue to respect the certificate until it is formally withdrawn or declared invalid.

 

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Country / Territory

  • European UnionEuropean Union

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Awards

Partner Cynthia Shearn Recognized in Crain’s 2026 Notable Women in Law List

Partner Cynthia Shearn is recognized by Crain’s Chicago Business in its 2026 Notable Women in Law list, honoring her leadership in immigration and global mobility and her impact within the legal community.

Learn more

Media mentions

Bloomberg Law: Businesses Prep H-1B Backups as Revamped Visa Lottery Opens

Partner Emily Allen says the new H-1B lottery is driving earlier planning and more detailed preparation.

Learn more

Blog post

Bringing the Indonesian Diaspora Home: Insights on the New Global Citizenship Program

Senior Business Immigration Consultant Ryaihanny Sahrom and Business Immigration Consultant II Fahimah Muhammad examine Indonesia’s newly launched Global Citizenship of Indonesia (GCI) program and its introduction of long-term and indefinite permanent residence pathways for members of the Indonesian diaspora.

Learn more

Media mentions

Times Higher Education: Chaos’ Expected as New Visa Compliance Rules Now Due in June

Senior Immigration Manager Jonathan Hill notes that tighter UK visa compliance rules and new rating measures create additional challenges for universities.

Learn more

Video

Brazil: Early Career Visa

Partner Diana Quintas outlines key early career visa pathways and practical considerations for employers and graduates navigating entry-level immigration options.

Learn more

Fragomen news

Canadian Lawyer Magazine: Fragomen, Immigration Firm, Adds Julie Lessard as Partner in Montréal

The Montreal office has added Partner Julie Lessard and Counsel Elsa Agostinho and Sophia Khanzadian to strengthen its immigration services.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Blog post

Under EU Review: Germany’s Visa Requirements Trigger Infringement Proceedings on Vander Elst Compliance

Manager Dr Adela Schmidt and Senior Associate Isabel Schnitzler analyse the European Commission’s infringement proceedings against Germany concerning its Vander Elst visa requirements for third-country nationals providing short-term cross-border services and explain why current compliance obligations remain unchanged.

Learn more

Blog post

Venezuela’s Energy Reset: Unlocking Opportunity, Managing Risk and Deploying Talent Strategically

Latin America & the Caribbean Managing Partner Leonor Echeverria, Senior Associates Sarah Blackmore and Sonya Cole and Senior Regional Knowledge Manager Laura Weingort examine renewed energy interest in Venezuela and outline key immigration pathways, procedural constraints and strategic considerations for compliant talent deployment.

Learn more

Media mentions

Global Mobility Lawyer: EU to Leverage Visas With New “Assertive Migration Diplomacy” Strategy

Senior Manager Andreia Ghimis highlights how the EU’s new migration strategy could create opportunities for employers while increasing compliance requirements.

Learn more

Awards

Spear's 500 Recognises Partner Julia Onslow-Cole

Partner Julia Onslow-Cole is recognised in the Spears 500 guide to leading private client advisers, reflecting her experience advising high-net-worth individuals, families and global businesses on complex UK and European immigration and mobility strategies.

Learn more

Media mentions

Arabian Gulf Business Insight: Saudi Business Visa Rejections Rise as Scrutiny Tightens

Partner Abeer Al Husseini discusses increased scrutiny of Saudi business visas in AGBI, highlighting stricter review of short-term entry used for operational work and the implications for regional employers.

Learn more

Awards

Partner Cynthia Shearn Recognized in Crain’s 2026 Notable Women in Law List

Partner Cynthia Shearn is recognized by Crain’s Chicago Business in its 2026 Notable Women in Law list, honoring her leadership in immigration and global mobility and her impact within the legal community.

Learn more

Media mentions

Bloomberg Law: Businesses Prep H-1B Backups as Revamped Visa Lottery Opens

Partner Emily Allen says the new H-1B lottery is driving earlier planning and more detailed preparation.

Learn more

Blog post

Bringing the Indonesian Diaspora Home: Insights on the New Global Citizenship Program

Senior Business Immigration Consultant Ryaihanny Sahrom and Business Immigration Consultant II Fahimah Muhammad examine Indonesia’s newly launched Global Citizenship of Indonesia (GCI) program and its introduction of long-term and indefinite permanent residence pathways for members of the Indonesian diaspora.

Learn more

Media mentions

Times Higher Education: Chaos’ Expected as New Visa Compliance Rules Now Due in June

Senior Immigration Manager Jonathan Hill notes that tighter UK visa compliance rules and new rating measures create additional challenges for universities.

Learn more

Video

Brazil: Early Career Visa

Partner Diana Quintas outlines key early career visa pathways and practical considerations for employers and graduates navigating entry-level immigration options.

Learn more

Fragomen news

Canadian Lawyer Magazine: Fragomen, Immigration Firm, Adds Julie Lessard as Partner in Montréal

The Montreal office has added Partner Julie Lessard and Counsel Elsa Agostinho and Sophia Khanzadian to strengthen its immigration services.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Blog post

Under EU Review: Germany’s Visa Requirements Trigger Infringement Proceedings on Vander Elst Compliance

Manager Dr Adela Schmidt and Senior Associate Isabel Schnitzler analyse the European Commission’s infringement proceedings against Germany concerning its Vander Elst visa requirements for third-country nationals providing short-term cross-border services and explain why current compliance obligations remain unchanged.

Learn more

Blog post

Venezuela’s Energy Reset: Unlocking Opportunity, Managing Risk and Deploying Talent Strategically

Latin America & the Caribbean Managing Partner Leonor Echeverria, Senior Associates Sarah Blackmore and Sonya Cole and Senior Regional Knowledge Manager Laura Weingort examine renewed energy interest in Venezuela and outline key immigration pathways, procedural constraints and strategic considerations for compliant talent deployment.

Learn more

Media mentions

Global Mobility Lawyer: EU to Leverage Visas With New “Assertive Migration Diplomacy” Strategy

Senior Manager Andreia Ghimis highlights how the EU’s new migration strategy could create opportunities for employers while increasing compliance requirements.

Learn more

Awards

Spear's 500 Recognises Partner Julia Onslow-Cole

Partner Julia Onslow-Cole is recognised in the Spears 500 guide to leading private client advisers, reflecting her experience advising high-net-worth individuals, families and global businesses on complex UK and European immigration and mobility strategies.

Learn more

Media mentions

Arabian Gulf Business Insight: Saudi Business Visa Rejections Rise as Scrutiny Tightens

Partner Abeer Al Husseini discusses increased scrutiny of Saudi business visas in AGBI, highlighting stricter review of short-term entry used for operational work and the implications for regional employers.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.